These Terms of Use ("Terms") govern your access or use, from any country in the world of applications, websites, content, products, and services (the "Services") made available by MY VACATION.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
By accessing and using the Services you agree to be legally bound by these Conditions, which establish a contractual relationship between you and MY VACATION. If you do not accept these Terms, you will not be able to access or use the Services. These Conditions expressly replace previous agreements or commitments with you. In the event of a breach of these Terms and Conditions by you, MY VACATION may deny you access to your account and / or the Services. On the other hand, MY VACATION may modify or terminate these Terms and Conditions or any of the Services offered in the application in whole or in part, by prior notification through the application and / or email.
Additional conditions may apply to certain Services, which may consist of, but not limited to, policies for a specific event to be held, various activities or promotions, with the understanding that said additional conditions will be communicated and notified to you in relation to the Services to which they are applicable, having at all times the right to refuse to participate in them. Additional conditions are set forth in addition to these Terms and Conditions, and will be considered a part of these for the purposes of the applicable Services. The aforementioned additional conditions will prevail over these Terms and Conditions, in the event of a conflict regarding the applicable Services.
By prior notification through the application and / or by email, MY VACATION may modify the Conditions relating to the Services when it deems it appropriate. The modifications will be effective after the publication by MY VACATION of said updated Conditions in this location or the modified policies or additional conditions on the applicable Service. Your continued access or use of the Services after such publication constitutes your consent to be bound by the Conditions and their modifications.
The collection and use that we make of personal information in relation to the Services is as provided in the MY VACATION Privacy Notice Policy, available at www.myvacation.com.mx. MY VACATION may provide a claims processor, service and / or product provider or insurer with any necessary information (including your contact information) if there are complaints, disputes or conflicts, which could include an accident, involving you and a third party and said information or said data were necessary to resolve the complaint, dispute or conflict.
The Services comprise mobile applications and related services (each, an "Application"), which enable users to arrange and schedule, logistics and/or delivery services and/or to purchase certain goods, including with third party providers of such services and goods under agreement with MY VACATION or certain of MY VACATION´S affiliates ("Third Party Providers"). Unless otherwise agreed by MY VACATION in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use. YOU ACKNOWLEDGE THAT MY VACATION DOES NOT PROVIDE THE SERVICES OR MARKET THE PRODUCTS PUBLISHED ON THE APP AND THAT SUCH SERVICES AND PRODUCTS ARE PROVIDED BY THIRD-PARTY INDEPENDENT CONTRACTORS, WHO ARE NOT EMPLOYED BY MY VACATION OR BY ANY OF ITS AFFILIATES.
Subject to your compliance with these Terms, MY VACATION grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by MY VACATION and MY VACATION´S licensors.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by MY VACATION; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
You acknowledge that portions of the Services may be made available under MY VACATION´S various brands or request options associated with MY VACATION. You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) certain of MY VACATION´S subsidiaries and affiliates; or (ii) independent Third Party Providers.
The Services may be made available or accessed in connection with third party services and content (including advertising) that MY VACATION does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. MY VACATION does not endorse such third party services and content and in no event shall MY VACATION be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited will be a third-party beneficiary to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary's terms of service.
The Services and all rights therein are and shall remain MY VACATION´S property or the property of MY VACATION´S licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner MY VACATION´S company names, logos, product and service names, trademarks or services marks or those of MY VACATION´S licensors.
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account ("Account"). Account registration requires you to submit to MY VACATION certain personal information, such as your name, mobile phone number, as well as at least one valid payment method supported by MY VACATION. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by MY VACATION in writing, you may only possess one Account.
You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes. You may not in your access or use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity or other method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or other method of identity verification.
MY VACATION may, at its sole discretion, create promotional codes that can be exchanged for Account credit or other elements or benefits related to the Services and / or the services of a Third Party provider, subject to any additional conditions that MY VACATION establishes on the basis of each promotional code (“Promo Codes”). You agree that the Promo Codes: (i) must be used for the intended audience and purpose, and lawfully; (ii) may not be duplicated, sold or transferred in any way, or made available to the general public (whether posted in a public forum or otherwise), unless with permission from MY VACATION; (iii) may be invalidated by MY VACATION at any time for any reason without responsibility for MY VACATION; (iv) may be used only in accordance with the specific conditions established by MY VACATION for said Promotional Code; (v) are not valid as cash; and (vi) may expire before you use them. MY VACATION reserves the right to withhold or deduct the credit or other elements or benefits obtained through the use of the Promo Codes by you or any other user in the event that MY VACATION determines or believes that the use or redemption of the Promotional Codes was wrongly, fraudulent, illegal or in violation of the conditions of the Promotional Code or these Conditions
MY VACATION may, in MY VACATION´S sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to MY VACATION through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions ("User Content"). Any User Content provided by you remains your property. However, by providing User Content to MY VACATION, you grant MY VACATION a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and MY VACATION´S business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant MY VACATION the license to the User Content as set forth above; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor MY VACATION´S use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by MY VACATION in its sole discretion, whether or not such material may be protected by law. MY VACATION may, but shall not be obligated to, review, monitor, or remove User Content, at MY VACATION´S sole discretion and at any time and for any reason, without notice to you.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. MY VACATION does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
You understand that use of the Services may result in charges to you for the services or services or goods that you receive from a Third Party provider, independent third parties or for the intermediation services or others that you receive from MY VACATION or the subsidiaries or affiliates of MY VACATION in your jurisdiction or from abroad, as appropriate (the "Charges"). MY VACATION will receive and/or enable your payment of the applicable Charges for services or goods obtained through your use of the Services. Charges will be inclusive of applicable taxes where required by law. Charges may include other applicable fees, tolls, and/or surcharges including a booking fee, municipal tolls, surcharges or processing fees for split payments.
All Charges and payments will be enabled by MY VACATION using the preferred payment method designated in your Account, after which you will receive a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that MY VACATION may use a secondary payment method in your Account, if available. Charges paid by you are final and non-refundable, unless otherwise determined by MY VACATION.
As between you and MY VACATION, MY VACATION reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in MY VACATION´S sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. MY VACATION will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. MY VACATION may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for Services at any time prior to the commencement of such Services, in which case you may be charged a cancellation fee on a Third Party Provider’s behalf.
MY VACATION provides support 365 days a year, in case you need it. To receive support, you can send an email to info@myvacation.com.mx.
The limitations and waiver in this section 5 are not intended to limit liability or alter your rights as a consumer that cannot be excluded under applicable law.
The services are provided "as is" and "as available". MY VACATION disclaims all statements and guarantees, express, implicit or statutory, not expressly established in these conditions, including the implicit guarantees of merchantability, fitness for a particular purpose and non-violation. Furthermore, MY VACATION does not make any declaration or guarantee regarding the reliability, punctuality, quality, suitability or availability of the services or any of the services or goods requested through the use of the app, or that the services will not be interrupted or they will be free of errors. MY VACATION does not guarantee the quality, suitability, safety or ability of third party providers. You agree that all risk arising from your use of the services and any services or goods requested in relation to them will be yours alone, to the maximum extent permitted by applicable law.
MY VACATION shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, personal injury, or property damage related to, in connection with, or otherwise resulting from any use of the services, regardless of the negligence (either active, affirmative, sole, or concurrent) of MY VACATION, even if MY VACATION has been advised of the possibility of such damages.
MY VACATION shall not be liable for any damages, liability or losses arising out of: (i) your use of or reliance on the services or your inability to access or use the services; or (ii) any transaction or relationship between you and any third party provider, even if MY VACATION has been advised of the possibility of such damages. MY VACATION shall not be liable for delay or failure in performance resulting from causes beyond MY VACATION´S reasonable control. You acknowledge that third-party providers that provide services and / or products through MY VACATION, may at any time cancel them, for which MY VACATION will not be responsible for such cancellations, you acknowledge that the claim must be made directly with the third party provider of products and / or services.
The services may be used by you to request and schedule goods, or logistics services with third party providers, but you agree that MY VACATION has no responsibility or liability to you related to any service, goods or logistics provided to you by third party providers other than as expressly set forth in these terms.
You agree to indemnify and hold MY VACATION and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) MY VACATION´S use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
In the event that you have any problem with the use of the Services and / or consider that any part of these Conditions is not being observed or complied with by MY VACATION and / or the Third Party provider, or if there is any difference between the Parties derived or related to these Conditions, you accept that the process to follow consists of communicating said situation through the website www.myvacation.com.mx, in order to analyze and resolve the specific case.
In the event that you consider that the resolution of the case is not in accordance with your interests, the Parties agree that said dispute will be definitively resolved in accordance with the following:
Unless otherwise specified here, these Conditions shall be governed and interpreted exclusively by virtue of the legislation of the Mexican Republic. Any dispute, conflict, claim or controversy, of any type, that results from these Conditions or that is related to a large extent with them, including those related to their validity, interpretation and enforceability (any "Dispute"), must be submitted necessarily to mediation procedures under Mexican law.
MY VACATION may notify by means of a general notification in the Services, by means of an email sent to your email address in your Account.
You may not assign these Terms without MY VACATION´S prior written approval. MY VACATION may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of MY VACATION´S equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, MY VACATION or any Third Party Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. MY VACATION´S failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by MY VACATION in writing. This provision shall not affect the Severability and Survivability section of the Arbitration Agreement of these Terms.
If any provision of these Conditions is considered illegal, void or unenforceable, either in whole or in part, in accordance with any legislation, said provision or part of it will be considered not to be part of these Conditions, although the legality, validity and enforceability of the rest of the provisions of these Conditions will not be affected. In that case, the parties must replace said illegal, null or unenforceable provision, in whole or in part, with a legal, valid and enforceable provision that has, as far as possible, an effect similar to that of the illegal, null provision. Or unenforceable, given the contents and purpose of these Conditions. These Conditions constitute the entire contract and the understanding between the parties in relation to the object and replaces and replaces all previous or contemporary contracts or agreements in relation to said object. In these Conditions, the words "included / a / os / as" and "includes / n" mean "included, but not limited to."